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NATIONAL HEADQUARTERS (WO)
WASHINGTON, DC | |
fsM 5300 – law enforcement
CHAPTER – ZERO CODE
AMENDMENT NO.: 5300-2008-1
Effective Date: January 24, 2008
Duration: This amendment is effective until superseded or removed.
|Approved: sally collins |Date Approved: 01/10/2008 |
|Associate Chief | |
Posting Instructions: Amendments are numbered consecutively by title and calendar year. Post by document; remove the entire document and replace it with this amendment. Retain this transmittal as the first page(s) of this document. The last amendment to this title was
5300-2004-2 to FSM 5300 Zero Code.
|New Document |5300_zero_code |44 Pages |
|Superseded Document by Issuance Number and |5300_zero_code |35 Pages |
|Effective Date |(Amendment 5300-2004-2, 01/27/2004) | |
Digest:
5300 – Throughout the chapter, revises cross-references and makes editorial and technical changes.
5301.1 – Adds paragraph 7, “Federal Law Enforcement Officers Good Samaritan Act of 1998”
(Public Law 105-277), and adds paragraph 8, “Law Enforcement Officers Safety Act of 2004”
(Public Law 108-277, 188 Stat. 865 (2004), codified at 18 United States Code (U.S.C.) 926B and 926C).
Digest--Continued:
5301.5 – Establishes new code, caption, and direction for the Forest Service Directive System.
5302 – Adds paragraph 4 to reaffirm and ensure conformity with the U.S. Department of Justice, Civil Rights Division’s policy on racial profiling.
5303.4 – Changes wording in paragraph 2 from “Maintain the Law Enforcement Management Reporting System (LEMARS)” to "Maintain the Law Enforcement and Investigations Management Attainment Reporting System (LEIMARS).”
5303.7 – In paragraph 2, adds new direction that the Washington Office, Director of Law Enforcement and Investigations (Director, LEI), shall be certified by the U.S. Department of Agriculture’s Security Officer to occupy a Critical Sensitive Position with Top Secret access (Code 3). Adds direction that LEI administrative personnel shall be certified by the USDA Security Officer to occupy a Non-Critical Sensitive Position with Secret Access (Code 2), adds a cross-reference to definitions in FSM 5305, and clarifies that stated clearance levels are minimum requirements. Replaces direction in Exhibit 01 with current code of ethics of the International Association of Chiefs of Police.
5303.8 – Removes from the classification of law enforcement personnel the requirement that the Director, LEI shall be classified in the Criminal Investigator Series, GS-1811. Changes job series of law enforcement officers (LEOs) to GL from GS.
5303.9 – Establishes new code, caption, and direction for racial profiling.
5304.21 – In paragraph 1(e), adds new direction which authorizes the Director, LEI to approve the selection of all GS-13 and above grade employees of the LEI organization. Revises direction in paragraph 2 regarding the designation of arrest and firearm authority. Adds new direction in paragraph 3 (a) that requires all incidents of threats or assaults involving Forest Service employees be referred directly to the LEI Assistant Director (AD) - Investigations and Internal Affairs. Clarifies direction in paragraph 6 (j) by changing wording from “Special Agents, Law Enforcement Officers, and Reserve Law Enforcement Officers” to “Law Enforcement Personnel.” Clarifies authority of the Director, LEI to prepare servicewide directives affecting LEI for the Chief’s approval; and authority of the Director, LEI to approve any directive field issuances recommended by the special agent in charge (SAC). Incorporates existing authority of Director, LEI to sign law enforcement credentials of all law enforcement personnel.
Digest--Continued:
5304.3 – Adds direction regarding the designation and responsibilities of line officers pertaining to the law enforcement program and LEI organization. Changes reference in 5304.3, paragraph 7 to change the name of the Federal Law Enforcement Training Center (FLETC) training course to the current name of Land Management Police Training.
5304.31a – Adds new direction regarding review and concurrence for all Title 36, Code of Federal Regulations, Part 216 Subpart B and C orders by the Office of the General Counsel, as appropriate.
5304.33a – Clarifies direction regarding review and concurrence for all Title 36, Code of Federal Regulations, Part 216 Subpart B orders issued by forest supervisor.
5304.33b – Changes cross-reference of Forest Service Manual citation in paragraph 5 from “FSM 5307.3, para. 6” to “FSM 5303.7, para. 6.” Changes responsibility of forest supervisor for cooperative law enforcement agreements and operating plans from approval to review responsibility. Adds responsibility for the forest supervisor to notify the SAC of information indicating a current forest protection officer (FPO) no longer meets FPO criteria, and to ensure FPOs attend annual FPO certifications.
5304.41 – Adds new direction for special agents in charge.
5304.42 – Changes caption from “Resident Forest Special Agent and Supervisory Law Enforcement Officer” to “Supervisory Special Agents.” Recodes to this section direction previously set in out 5304.43 regarding duties of supervisory special agents (SSAs) and corrects to add responsibility of SSAs to review and approve all investigative reports and ensure LEIMARS entry. Recodes all existing direction for supervisory law enforcement officers(SLEOs) to 5304.51.
5304.43 – Recodes to this section the caption “All Special Agents” and direction previously set out in 5304.44. Revises working titles to reflect current organizational structure. Adds direction in paragraph 4 to require stolen agency property to be entered into LEIMARS. Adds paragraph 6 regarding incident management responsibilities.
5304.44 – Removes direction and caption “All Special Agents” and recodes caption and direction to 5304.43.
Digest--Continued:
5304.51 – Recodes to this section direction previously set out in 5304.42 and modifies direction as follows: Changes working titles throughout to reflect current organizational structure. Adds direction in paragraph 3 to provide prosecutorial updates to line officers and managers. Adds direction in paragraph 4 regarding additional responsibilities in stolen agency property cases. Adds requirement in paragraph 7 to report any occurrences of interference in investigations. Recodes existing direction and caption “Law Enforcement Officers” to 5304.52.
5304.52 – Removes direction and caption “Reserve Law Enforcement Officers” and replaces with direction and caption “Law Enforcement Officers.” Recodes to this section direction previously set out in 5304.51. Recodes existing direction and caption “Reserve Law Enforcement Officers” to 5304.53. Modifies direction to change working titles throughout to reflect current organizational structure. Adds paragraph 7 regarding notification responsibilities for investigative interference.
5304.53 – Establishes new code and recodes to this section, direction previously set out in 5304.52 “Reserve Law Enforcement Officers.” Modifies working titles throughout to reflect current organizational structure. Clarifies requirement in paragraph 4 that reserve law enforcement officers (RLEOs) must comply with the Daily Activity Reporting System only when performing full-range law enforcement duties. Adds paragraph 5 that RLEOs must ensure that authorized weapons and defensive equipment are readily available.
5304.6 – Changes Forest Service manual citation in paragraph 4 from “FSM 5304.33b, para. 1” to “FSM 5304.33b, para. 2.”
5305 – Adds definitions and recommended acronyms for the terms: Assistant Director (AD), Assistant Special Agent in Charge (ASAC), Deputy Director (DD), Director (DIR), Patrol Captain (PC), Patrol Commander (CMDR), Senior Law Enforcement Officer (SRLEO), and Senior Special Agent (SRSA).
Modifies definitions and recommended acronyms for the terms: Forest Protection Officer (FPO), Full-Range Authority, Law Enforcement Officer (LEO), Law Enforcement Personnel, Reserve Law Enforcement Officer (RLEO), Special Agent in Charge (SAC), Supervisory Law Enforcement Officer (SLEO), and Supervisory Special Agent (SSA).
Removes definitions for the obsolete terms: National Tactical Support Officer, Resident Forest Special Agent, and Technical Equipment Coordinators.
5307 – Changes caption from “Chain of Command” to “Law Enforcement and Investigations Chain of Command.”
Table of Contents
5301 - AUTHORITY 7
5301.1 - Laws 7
5301.2 - Federal Regulations 9
5301.3 - Department of Agriculture Internal Directives 9
5301.4 - Memorandums of Understanding 10
5302 - OBJECTIVES 10
5303 - POLICY 10
5303.1 - Investigations and Enforcement Activities 11
5303.11 - Investigations 11
5303.12 - Enforcement Activities 11
5303.2 - Cooperation With Other Agencies 13
5303.3 - Voluntary Reserve Peace Officers 13
5303.4 - Plans and Records 14
5303.5 - Prevention 14
5303.6 - Equipment 15
5303.7 - Program Integrity 15
5303.8 - Classification of Law Enforcement Personnel 19
5303.9 – Racial Profiling 19
5304 - RESPONSIBILITY 22
5304.1 - Chief 22
5304.2 - Washington Office, Staff Directors 22
5304.21 - Washington Office, Director of Law Enforcement and Investigations 22
5304.22 - Washington Office, Staff Directors Other Than Director of Law Enforcement and Investigations 26
5304.3 - Line Officers 26
5304.31 - Regional Foresters 27
5304.31a - Authority 27
5304.31b - Responsibility 27
5304.32 - Station Directors, Area Director, and Institute Director 28
5304.33 - Forest Supervisors 28
5304.33a - Authority 28
5304.33b - Responsibility 28
5304.34 - District Rangers 29
5304.4 - Special Agents 29
5304.41 - Special Agents in Charge 29
5304.42 – Supervisory Special Agents 34
5304.43 - All Special Agents 34
5304.5 - Law Enforcement Officers and Reserve Law Enforcement Officers 35
5304.51 - Supervisory Law Enforcement Officers 35
5304.52 - Law Enforcement Officers 36
5304.53 - Reserve Law Enforcement Officers 37
5304.6 - Forest Protection Officers 37
5304.61 - Limitations on Forest Protection Officers 38
5304.7 - All Employees 39
5305 - DEFINITIONS 39
5306 - LAW ENFORCEMENT STAFFING 43
5307 – LAW ENFORCEMENT AND INVESTIGATIONS CHAIN OF COMMAND 43
5308 - REFERENCES 44
5309 - HANDBOOKS 44
5309.1 - Internal Servicewide Handbooks 44
5309.11 - Law Enforcement Handbook 44
5301 - AUTHORITY
Forest Service law enforcement authority exists when violation of laws or regulations occurs on National Forest System (NFS) lands or incidents affect the NFS (FSM 5305). Forest Service law enforcement authority also exists when:
1. Cooperative agreements provide for exercise of such authority (FSM 5360), or
2. Situations involve a crime of violence resulting in an immediate threat to a person. Actions taken by law enforcement personnel may continue until such time as the agency having primary jurisdiction is able to respond with sufficient resources to adequately provide for public safety.
5301.1 - Laws
1. The Act of June 4, 1897 (Title 16, United States Code (U.S.C.), section 551; 16 U.S.C. 551), authorizes the Secretary of Agriculture to promulgate rules and regulations governing occupancy and use of National Forest System (NFS) lands. This is the authority for issuing the regulations at Title 36, Code of Federal Regulations (CFR), Part 261 (36 CFR Part 261).
2. The Act of March 3, 1905 (16 U.S.C. 559) authorizes all persons employed by the Forest Service to make arrests for the violation of laws and regulations relating to the National Forests. Normally, exercise of this authority is limited to law enforcement personnel (FSM 5305).
3. The Act of May 23, 1908 (16 U.S.C. 553) permits employees designated by the Secretary of Agriculture to aid:
a. State and local agencies in the enforcement of laws with regard to livestock, the prevention and extinguishments of fires, and the protection of fish and game, and
b. Federal agencies in the performance of duties that relate to the NFS.
4. The Act of March 1, 1911 (16 U.S.C. 480) provides that both State and local civil and criminal jurisdiction over persons within the NFS shall not be affected or changed by reason of their existence, except for the punishment of offenses against the United States.
5. The Act of August 10, 1971 (16 U.S.C. 551a) authorizes the Secretary of Agriculture to cooperate with and provide reimbursement to any State or political subdivision for the enforcement of their laws on the NFS.
6. The National Forest System Drug Control Act of 1986, as amended (16 U.S.C. 559b-g), authorizes:
a. Special agents and law enforcement officers of the Forest Service to carry firearms, make arrests, serve warrants and other process, conduct searches, seize evidence, conduct investigations of violations, and enforce 21 U.S.C. 841 (Controlled Substance Act) and other criminal violations relating to controlled substances that are manufactured, distributed, or dispensed on NFS lands.
b. Enforcement and investigation actions both within the exterior boundaries of the NFS as well as areas outside exterior boundaries if the violation affects the administration of the NFS.
c. The acceptance of law enforcement designations from any other Federal, State, or political subdivisions for the purpose of cooperating in the investigation and enforcement of any Federal or State law or regulation of any such agency when such investigation or enforcement mutually benefits the NFS and the cooperating agency or jurisdiction.
7. The Federal Law Enforcement Officers Good Samaritan Act of 1998 (Public Law 105-277) authorizes protection of Federal law enforcement officers who intervene in certain situations. This Act authorizes that notwithstanding the United States Code, or any other provision of law relating to tort liability, a law or any other provision of law, for the purposes of 28 U.S.C. 171, an enforcement officer shall be construed to be acting within the scope of his or her office or employment, if the officer takes any action, including the use of force, that is determined by the officer to be necessary to: protect an individual in the presence of the officer from a crime of violence (18 U.S.C. 16); provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or prevent the escape of any individual who the officer reasonably believes to have committed in the presence of the officer a crime of violence.
8. The Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C). With certain limitations and conditions, the Act exempts active and retired "qualified law enforcement officers" from State laws and local ordinances prohibiting the carrying of concealed weapons. The Act does not purport to affect any State or local laws and ordinances that permit restrictions of concealed firearms on private property or any such laws that restrict the possession of firearms on any State or local government property, installation, building, base, or park.
The Law Enforcement and Investigations Assistant Director - Training, Development, and Standards shall prepare and issue a photographic identification card to law enforcement personnel (FSM 5305) who retire from government service in good standing (FSM 5384.21). Each such identification card shall, at a minimum, include the name of the individual, the individual's photograph, an identification number traceable to the bearer, the date the employee retired in good standing from service with the issuing agency, and the phrase "Retired Federal Law Enforcement Officer or Retired Federal Special Agent." Forest Service law enforcement personnel while on duty shall not train or qualify retired employees to carry a firearm for the purposes of 18 U.S.C. 926C(d)(2)(B) of the Act.
9. Title 18 U.S.C. 3559 establishes categories of offenses based on the maximum amount of imprisonment for each offense. Offenses with a maximum term of 6 months of imprisonment (such as those described in 36 CFR Part 261) are punishable as Class B Misdemeanors.
10. Title 18 U.S.C. 3571 prescribes a wide range of fines for Class B Misdemeanors, depending on specific circumstances associated with the violation.
11. Title 7 U.S.C., sections 2217 and 2218 provide authority for employees designated by the Secretary of Agriculture to administer oaths and take affidavits on matters where the Secretary has an interest. See FSH 5309.11 for procedures concerning witness Statements taken during criminal, civil, and administrative investigations.
5301.2 - Federal Regulations
1. Title 36, Code of Federal Regulations (CFR), Part 261, Subpart A contains general prohibitions that apply throughout the National Forest System (NFS) and to Forest Service administrative sites and offices. Title 36 CFR, Part 261, Subpart B contains prohibitions in areas designated by an order. Title 36, CFR, Part 261, Subpart C contains prohibitions that apply to certain areas within a region.
2. Title 36, CFR Part 262 contains details on certain operational authorities and requirements associated with the Forest Service law enforcement program, such as rewards and payments (36 CFR Part 262, Subpart A), and impoundments and removals (36 CFR Part 262, Subpart B).
3. Title 36, CFR Part 242 contains prohibitions relating to subsistence activities on NFS lands in Alaska.
5301.3 - Department of Agriculture Internal Directives
U.S. Department of Agriculture (USDA) Departmental Regulation 1710-2 sets forth the authority and requirements for investigations that are conducted within the USDA at the request of the USDA Office of Inspector General, Investigations Branch.
5301.4 - Memorandums of Understanding
The Forest Service has entered into memorandums of understanding with several Federal departments and agencies to enhance law enforcement programs. See FSM 1530 and FSH 5309.11, chapter 60 for current memorandums of understanding and agreements.
Forest Service Directive System issuances are published under delegated authority as follows
(36 CFR 200.4 (c)):
1. The Forest Service Manual and Forest Service Handbook issuances to all Forest Service units are published by the Office of the Chief.
2. Forest Service Manual and Forest Service Handbook issuances may be supplemented as needed for field office use by the Area Director, a regional forester, a special agent in charge of Law Enforcement and Investigations, or a forest supervisor.
5302 - OBJECTIVES
Specific objectives of the law enforcement program are to:
1. Protect the public, employees, natural resources, and other property under the jurisdiction of the Forest Service,
2. Investigate and enforce applicable laws and regulations that affect the National Forest System, and
3. Prevent criminal violations through informing and educating visitors and users of applicable laws and regulations.
5303 - POLICY
Law enforcement is an integral part of the overall management of the Forest Service. Line officers (FSM 1230.6) and appropriate staff shall ensure that prevention, investigation, enforcement, and program management requirements are fully integrated into all Forest Service programs. Law enforcement personnel (FSM 5305) operate as full partners within the Forest Service organization in carrying out the Agency's mission, especially in upholding Federal laws and regulations that protect natural resources, Agency employees, and the public. Accomplishment of the Forest Service law enforcement mission is a product of trust, cooperation, and collaboration between law enforcement personnel and other Agency employees.
In furtherance of their public trust responsibilities, Law Enforcement and Investigations employees will conform to the U.S. Department of Justice, Civil Rights Division’s guidance regarding the use of race, ethnicity, or national origin as a factor by Federal law enforcement agencies in conducting stops, searches, and other investigative procedures (FSM 5303.9).
5303.1 - Investigations and Enforcement Activities
The ability of law enforcement personnel to conduct investigations and enforcement activities, free of pressure or inappropriate constraint, is essential to achieving the law enforcement mission. Cooperation of law enforcement personnel with other agency employees and the maintenance of investigative and enforcement independence are equally necessary and mutually compatible elements of working toward common agency goals.
5303.11 - Investigations
1. Law enforcement personnel shall comply with applicable guidelines set forth in the President's Council on Integrity and Efficiency "Quality Standards for Investigations."
2. Appropriate action must be taken to discover and investigate violations of applicable laws and regulations. Continue these investigations until responsibility is established or until reasonable leads have been exhausted. Take appropriate criminal and/or civil action to hold responsible parties accountable.
3. The Law Enforcement and Investigations staff has overall program and oversight responsibility for investigations of incidents that could result in claims for or against the Government (FSH 6509.11h, sec. 11.04c).
5303.12 - Enforcement Activities
1. Law enforcement personnel and forest protection officers (FPOs) may use discretion when deciding what type of action to initiate when handling Class B Misdemeanor violations pursuant to Title 36, Code of Federal Regulations (CFR), Part 261, Subparts A, B, and C, and Part 242 (36 CFR 261 and 36 CFR 242). Discretion may be appropriate if, in the officer's opinion and in the absence of contrary policy, educating or warning the violator is likely to result in future compliance. They may not use discretion and must, at a minimum, issue a form FS-5300-4, Violation Notice if:
a. Violations are of the types that are not normally referred to the Department of Justice for prosecution.
b. Acts are clearly malicious, willful, or deliberate.
c. The safety or rights of other users are in jeopardy.
2. Forest Service employees shall make all law enforcement contacts in a professional manner that promotes a better understanding of laws, regulations, and the need for compliance.
3. Law enforcement personnel and FPOs shall enforce laws and regulations pertaining to the National Forest System (NFS), including activities related to the administration of the NFS.
4. Law enforcement personnel may enforce State laws pertaining to livestock, forest fires, and protection of fish and game, when properly authorized by the State or local law enforcement agency (FSM 5301) and when such violations occur on or affect the NFS (FSM 5305). These violations may also be enforced under 36 CFR 261.8 or other applicable statutes.
5. Forest Service employees may take immediate action when necessary to protect life and to prevent serious damage to or destruction of property, escape of a suspect, or loss of material evidence when such action can be done with reasonable safety. Normally, only law enforcement personnel shall exercise arrest authority.
6. Law enforcement personnel who believe that they have been given direction to carry out an action outside the jurisdiction and scope of their authority shall advise the employee giving the direction of this fact and shall seek advice from superior law enforcement personnel, an Assistant United States Attorney, or from the U.S. Department of Agriculture Office of the General Counsel.
7. Law enforcement personnel shall assist line officers with the monitoring and review of NFS field occupancy sites for compliance with Federal laws and regulations relating to undocumented workers. Report violations immediately to the agency with primary jurisdiction and provide assistance with those actions necessary to redeem law enforcement and public safety responsibilities. Without the existence of a cross-designation of authority from the appropriate Department of Homeland Security agency, law enforcement personnel may not arrest persons for violations of most undocumented worker statutes, but may assist the Department of Homeland Security by detaining persons suspected of immigration violations until the arrival of an agency with jurisdiction. Law enforcement personnel also have authority to enforce 36 CFR Part 261, Subparts A and B, as they relate to occupancy and use and for violations of the terms of permits and/or contracts (FSM 5304.41, para. 7a (12)).
8. All NFS line officers shall attend the National Law Enforcement for Managers program (FSM 5371.5).
9. Appropriate law enforcement personnel may be deputized by State and county authorities to enforce State law pursuant to 16 U.S.C. 553, 559d(5), and 559g(c) (FSM 5360.3) when there is an agency basis or interest to be served or gained (FSM 5304.41, para. 7a(13)).
10. Law enforcement personnel who witness a State violation constituting a felony or violent misdemeanor are expected to take reasonable action as a law enforcement officer to prevent the crime and/or apprehend the violator. This policy does not apply to traffic violations or other minor offenses.
5303.2 - Cooperation With Other Agencies
The Forest Service shares responsibility and cooperates with local, State, and other Federal agencies in carrying out its law enforcement mission. Encourage local and State authorities to enforce laws and regulations that are normally handled by these agencies, such as crimes against persons and private property. Appropriate personnel shall:
1. Cooperate with State and local law enforcement agencies in the enforcement of all State and local laws that are related to public safety and the administration of National Forest System (NFS) lands. Such cooperation is contingent upon the existence of a Forest Service interest, an emergency, or a cooperative agreement that is authorized by the State and/or local jurisdiction.
2. Make maximum use of cooperative law enforcement agreements (16 U.S.C. 551a) to aid State and local authorities in fulfilling their responsibilities in the enforcement of State and local laws relating to the protection of the public and their property on the NFS.
3. Operate under agreements with regional attorneys of the U.S. Department of Agriculture Office of the General Counsel that address referral and coordination procedures for the presentation of criminal cases to the U.S. Department of Justice. Ensure that each agreement contains a provision that recognizes the authority of special agents to make prosecution referrals directly to United States attorneys where appropriate and necessary to ensure prompt prosecutorial action (FSM 5304.41, para. 8(b)).
4. Cooperate with Federal, State, and local law enforcement agencies in the sharing of intelligence, eradication of cannabis, investigation of controlled substance violations and ensure conformity with the U.S. Department of Justice, Civil Rights Division’s policy on racial profiling.
5303.3 - Voluntary Reserve Peace Officers
Law enforcement personnel shall submit written requests for authorization to serve as voluntary reserve peace officers (or similar classification) to the Washington Office, Director of Law Enforcement and Investigations (Director, LEI) through the applicable special agent in charge (for law enforcement personnel assigned to a region), or directly to the Director, LEI (for law enforcement personnel assigned to the Washington Office). At a minimum, each request shall include the following information:
1. Jurisdiction of commissioning agency.
2. Relationship between the Forest Service unit(s) and the intended commissioning agency.
3. Benefits to the employee and community.
4. Proposed duties and work schedule.
5. Employee's assessment of the potential for a conflict of interest.
The Director, LEI shall consider each request on a case-by-case basis. The requesting employee shall be notified, in writing, of the decision within 30 days from the date of submission.
5303.4 - Plans and Records
1. Law Enforcement Plans. Appropriate personnel shall develop unit law enforcement plans for National Forest System regions and local units (FSM 5310.3).
2. Case Documentation. Law enforcement personnel shall track all felony and serious misdemeanor cases (FSM 5340.3). Maintain the Law Enforcement and Investigations Management Attainment Reporting System (LEIMARS) to identify law enforcement problems, measure results, and provide a basis for staffing and funding. Report all known violations whether or not the subject's identity is known.
3. Daily Activity Reporting. The Daily Activity Reporting system is designed to provide work activity statistical information to all levels of the organization. Those employees identified in FSM 5304.42 - 5304.52 shall complete and submit all necessary forms through LEIMARS.
5303.5 - Prevention
The Forest Service places a high value on preventing crime through public and employee information and education efforts. Use every opportunity to prevent or discourage violations through:
1. Administering day-to-day Forest Service activities.
2. Evaluating the planning and design of facilities.
3. Using appropriate communications media as a deterrent.
4. Encouraging public support to report violations.
5. Apprehending and prosecuting violators.
6. Coordinating and cooperating with other Federal, State, and local law enforcement agencies, the National Guard Bureaus, and the Department of Defense to deter violators from using National Forest System lands to manufacture, distribute, or dispense illicit controlled substances on or affecting National Forest System lands.
7. Working with appropriate line officers and office of communications staff to publicize arrests, seizures, and convictions.
8. Applying asset seizure and forfeiture procedures pursuant to established guidelines set forth in memorandums of understanding or other agreements.
5303.6 - Equipment
Only law enforcement personnel may be authorized to carry firearms and non-lethal defensive equipment for law enforcement purposes.
5303.7 - Program Integrity
1. Law enforcement personnel are subject to random drug testing, pursuant to the U.S. Department of Agriculture (USDA) drug testing program.
2. The Washington Office, Director of Law Enforcement and Investigations (Director, LEI), special agents, and patrol commanders shall be certified by the USDA Security Officer to occupy a Critical Sensitive Position with Top Secret access (Code 3). Patrol captains shall be certified by the USDA Security Officer to occupy a Non-Critical Sensitive Position with Secret Access (Code 2). All other law enforcement officers including reserve law enforcement officers shall be certified to occupy a Moderate Risk Public Trust Position (Code 5). Administrative personnel assigned to the LEI organization shall be certified by the USDA Security Officer to occupy a Non-Critical Sensitive Position with Secret Access (Code 2). See definitions in FSM 5305. The above are minimum requirements.
3. Rescission of the law enforcement authority of an employee, once granted, shall be based on specified reasons related to the interests of the agency and/or employee.
4. Law enforcement personnel are expected to develop and maintain an on-going relationship with ethnic minority groups, communities, and others to identify and resolve Forest Service law enforcement issues of interest to or affecting each group.
5. Law enforcement personnel are highly encouraged to abide by the Law Enforcement Code of Ethics promulgated by the International Association of Chiefs of Police (ex. 01).
6. Prior to receiving authority to issue Form FS-5300-4, Violation Notice, forest protection officers (FPOs) who have successfully completed FPO training after April 15, 1996, shall complete an FPO Background Check (FSM 5304.41, para. 7a(8) and FSM 5304.6, para. 4a). FPO candidates should be disqualified if they meet one or more of the following criteria:
a. Criminal records consisting of a felony or serious misdemeanor conviction(s).
b. A showing of a current drug or alcohol dependency.
c. A finding of current mental or emotional instability.
d. Any known criminal or non-criminal activity that would have the potential to prejudice courtroom testimony.
7. When a line officer or law enforcement personnel determine that a current FPO meets one or more of the criteria that would disqualify the FPO from continuing to serve as an FPO (preceding para. 6), the authority of the FPO should be rescinded by the special agent in charge (FSM 5304.41, para. 7a (16)).
5303.7 – Exhibit 01
International Association of Chiefs of Police
LAW ENFORCEMENT CODE OF ETHICS
All law enforcement officers must be fully aware of the ethical responsibilities of their position and must strive constantly to live up to the highest possible standards of professional policing. The International Association of Chiefs of Police believes it is important that police officers have clear advice and counsel available to assist them in performing their duties consistent with these standards, and has adopted the following ethical mandates as guidelines to meet these ends.
Primary Responsibilities of a Police Officer
A police officer acts as an official representative of government who is required and trusted to work within the law. The officer's powers and duties are conferred by statute. The fundamental duties of a police officer include serving the community; safeguarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice.
Performance of the Duties of a Police Officer
A police officer shall perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration. All citizens will be treated equally with courtesy, consideration and dignity. Officers will never allow personal feelings, animosities or friendships to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public. They will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold.
Discretion
A police officer will use responsibly the discretion vested in the position and exercise it within the law. The principle of reasonableness will guide the officer's determinations and the officer will consider all surrounding circumstances in determining whether any legal action shall be taken. Consistent and wise use of discretion, based on professional policing competence, will do much to preserve good relationships and retain the confidence of the public. There can be difficulty in choosing between conflicting courses of action. It is important to remember that a timely word of advice rather than arrest - which may be correct in appropriate circumstances - can be a more effective means of achieving a desired end.
5303.7 – Exhibit 01--Continued
Use of Force
A police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances. Force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally unavoidable, every police officer will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhuman treatment of any person.
Confidentiality
Whatever a police officer sees, hears or learns of, which is of a confidential nature, will be kept secret unless the performance of duty or legal provision requires otherwise. Members of the public have a right to security and privacy, and information obtained about them must not be improperly divulged.
Integrity
A police officer will not engage in acts of corruption or bribery, nor will an officer condone such acts by other police officers. The public demands that the integrity of police officers be above reproach. Police officers must, therefore, avoid any conduct that might compromise integrity and thus undercut the public's confidence in a law enforcement agency. Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly and within the law. Police officers must not receive private or special advantage from their official status. Respect from the public cannot be bought; it can only be earned and cultivated.
Personal/Professional Capabilities
Police officers will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence. Through study and experience, a police officer can acquire the high level of knowledge and competence that is essential for the efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly.
Private Life
Police officers will behave in a manner that does not bring discredit to their agencies or themselves. A police officer's character and conduct while off duty must always be exemplary, thus maintaining a position of respect in the community in which he or she lives and serves. The officer's personal behavior must be beyond reproach.
5303.8 - Classification of Law Enforcement Personnel
Within the Law Enforcement and Investigations program, deputy directors, assistant directors, special agents in charge, assistant special agents in charge, supervisory special agents, senior special agents, and special agents shall be classified in the Criminal Investigator Series, GS-1811. Patrol commanders and patrol captains shall be classified in the GS-1801 series. Law enforcement officers shall be classified in the GL-1801 or GL-1802 series. Reserve law enforcement officers and forest protection officers shall not be classified in the GS-1811, GS-1801, GL-1801 or GL-1802 series.
5303.9 – Racial Profiling
The use of race, ethnicity, or national origin as a criterion in conducting traffic stops, checkpoint, or roadblock stops and other law enforcement investigative procedures is prohibited.
The prohibition against racial profiling does not preclude the use of race, ethnicity, or national origin as factors in a detention decision by an officer. Race, ethnicity, or national origin may be legitimate factors in such a decision when used as a part of a description of a suspect or witness for whom an officer is searching.
All law enforcement and investigations supervisory personnel shall ensure that all of their officers and agents are fully aware of the commitment of the agency to carry out all law enforcement activities in a nondiscriminatory manner in compliance with U.S. Department of Justice guidance (ex. 01).
5303.9 – Exhibit 01
U.S. Department of Justice Guidance on use of Race or Ethnicity
in Law Enforcement Activities
1. Traditional Law Enforcement Activities
Two standards in combination that should guide use by Federal law enforcement officers of race or ethnicity in law enforcement activities:
a. In making routine or spontaneous law enforcement decisions, such as ordinary traffic stops, Federal law enforcement officers may not use race or ethnicity to any degree, except that officers may rely on race and ethnicity in a specific suspect description. This prohibition applies even where the use of race or ethnicity might otherwise be lawful.
b. In conducting activities in connection with a specific investigation, Federal law enforcement officers may consider race and ethnicity only to the extent that there is trustworthy information, relevant to the locality or time frame that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization. This standard applies even where the use of race or ethnicity might otherwise be lawful.
2. National Security and Border Integrity
The above standards do not affect current Federal policy with respect to law enforcement activities and other efforts to defend and safeguard against threats to national security or the integrity of the Nation's borders, to which the following applies:
a. In investigating or preventing threats to national security or other catastrophic events (including the performance of duties related to air transportation security).
b. In enforcing laws protecting the integrity of the Nation's borders, Federal law enforcement officers may not consider race or ethnicity except to the extent permitted by the Constitution and laws of the United States.
Given the incalculably high stakes involved in such investigations, however, Federal law enforcement officers who are protecting national security or preventing catastrophic events (as well as airport security screeners) may consider race, ethnicity, and other relevant factors to the extent permitted by our laws and the Constitution.
5303.9 – Exhibit 01--Continued
Similarly, because enforcement of the laws protecting the Nation's borders may necessarily involve a consideration of a person's alienage in certain circumstances, the use of race or ethnicity in such circumstances is properly governed by existing statutory and constitutional standards (for example, United States v. Brignoni-Ponce, 422 U.S. 873, 886-87 (1975)). This policy will honor the rule of law and promote vigorous protection of our national security.
As the Supreme Court has Stated, all racial classifications by a governmental actor are subject to the "strictest judicial scrutiny." See Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 224-25 (1995). The application of strict scrutiny is of necessity a fact-intensive process. Id. at 236. Thus, the legality of particular, race-sensitive actions taken by Federal law enforcement officials in the context of national security and border integrity will depend to a large extent on the circumstances at hand. In absolutely no event, however, may Federal officials assert a national security or border integrity rationale as a mere pretext for invidious discrimination.
Indeed, the very purpose of the strict scrutiny test is to "smoke out" illegitimate use of race, Adarand, 515 U.S. at 226 (quoting Richmond v. J.A. Croson Co., 488 U.S. 469, 493 (1989)), and law enforcement strategies not actually premised on bona fide national security or border integrity interests therefore will not stand.
5304 - RESPONSIBILITY
5304.1 - Chief
The Chief reserves the authority to:
1. Issue and rescind the authority of the Washington Office, Director of Law Enforcement and Investigations to make arrests and carry firearms, and to exercise full-range authority.
2. Approve Law Enforcement and Investigations staffing at all levels.
3. Review and approve investigations of alleged criminal misconduct by employees to be conducted by law enforcement personnel.
4. Approve the selection of law enforcement personnel at the SES, GS-14 and GS-15 levels.
5304.2 - Washington Office, Staff Directors
5304.21 - Washington Office, Director of Law Enforcement and Investigations
In addition to the authority granted, and responsibility assigned, at FSM 1204.24 and 1235.5, the Director of Law Enforcement and Investigations is assigned the following specific responsibilities:
1. Program Management.
a. To work closely with appropriate line officers to ensure that the agency law enforcement program is properly and fully integrated into the overall mission of the Forest Service.
b. To conduct management reviews, in accordance with FSM 1410, of regional Law Enforcement and Investigations programs to ensure uniformity and compliance with National standards.
c. To coordinate yearly support agreements, which address necessary space and office support for law enforcement personnel, with regional foresters (FSM 5304.31b).
d. To establish consistent servicewide performance elements, standards, and position descriptions for all law enforcement personnel.
e. To approve the selection of all employees at grade GS-13 within the Law Enforcement and Investigations organization.
f. To develop and submit for the Chief’s approval any needed Forest Service Manual and Forest Service Handbook issuances (FSM 5301.5).
g. Upon submission by a special agent in charge, to approve any Forest Service Manual and Forest Service Handbook issuances needed as supplements for field office use (FSM 5301.5).
2. Designation of Arrest and Firearm Authority.
a. To issue or rescind arrest and firearms (full-range) authority of deputy directors, assistant directors, and special agents in charge.
b. To issue or rescind the arrest and firearms (full range) authority of law enforcement personnel and reserve law enforcement officers upon recommendation of a special agent in charge or assistant director.
3. Investigations.
a. To serve as the Agency's point-of-contact for the coordination of all hotline/whistleblower or internally generated complaints received from or referred to the U.S. Department of Agriculture (USDA) Office of Inspector General (OIG), USDA Office of Personnel, and the USDA Office of the General Counsel. Refer allegations of acts committed by employees directly to the OIG Washington Office pursuant to the agreement between the Forest Service and the OIG regarding the conduct of investigations (FSM 1549.1). Immediately refer to the LEI Assistant Director - Investigations and Internal Affairs, all incidents of threats or assaults involving Forest Service employees.
b. After review and approval by the Chief (FSM 5304.1), to coordinate with special agents in charge the assignment for investigation by special agents any hotline/whistleblower complaint or internally generated investigation involving allegations of illegal acts committed by any employee that are normally accepted by the U.S. Department of Justice for prosecution.
c. To coordinate and assign to special agents in charge for inquiry by program specialists, supervisory personnel, or personnel management specialists, any hotline/whistleblower complaint involving allegations of any nature, other than those listed in paragraph 3b of this section.
d. To track, review and approve investigations conducted by or assigned to special agents in charge or other Forest Service personnel pursuant to paragraphs 3b and 3c.
e. To conduct timber theft and other resource investigations on a servicewide basis.
f. To coordinate Freedom of Information Act requests and responses involving investigative matters.
g. To conduct all investigations relating to discharge of weapons either at or by law enforcement personnel.
h. To approve investigation plans for cases assigned to special agents in charge.
i. To approve inter-regional details of five or more law enforcement personnel for investigations or other law enforcement assignments.
j. To designate appropriate law enforcement personnel to investigate violations of the Controlled Substances Act and maintain a list of those personnel so authorized.
4. Enforcement.
a. To develop and recommend servicewide standards, policy, and guidelines.
b. To provide guidance and support on all uniformed law enforcement operational matters.
c. To work with deputy areas to ensure the integration of field law enforcement operations.
d. To coordinate and provide support for drug control activities, investigations, and cannabis eradication efforts occurring on the National Forest System. Maintain liaison with the Drug Enforcement Administration and the Office of National Drug Control Policy and implement drug control policy in areas of Forest Service jurisdiction.
e. To approve, pursuant to FSM 5303.3, requests of law enforcement personnel to receive voluntary peace officer commissions. This authority may not be re-delegated.
5. Equipment.
a. To ensure that all law enforcement personnel are provided with the appropriate equipment.
b. To manage the testing, development, deployment, storage, and repair of technical investigative equipment.
c. To ensure that law enforcement equipment assigned to entry and operating level employees is issued, inspected, repaired, and fits properly. Ensure personal needs related to differing physical characteristics are accommodated.
d. To control and issue all law enforcement badges and credentials.
e. To coordinate the servicewide acquisition and disposition of all firearms, non-lethal defensive equipment, and accessories.
6. Training and Certification.
a. To implement training standards that are responsive to resource management goals.
b. To develop, conduct and provide agency oversight for specialized law enforcement training at the entry and advanced levels at the Federal Law Enforcement Training Center (FLETC) and at the Regional and field levels.
c. To ensure on-site agency representation at the FLETC.
d. To provide facilities, training, and certification for law enforcement skills, including firearms qualifications, physical standards, defensive tactics, non-lethal weapons, and law enforcement operational specialties.
e. To develop, implement, and oversee evaluation standards and certification processes relating to all law enforcement skills, weapons, and equipment.
f. To approve all firearms qualification courses used to meet minimum standard qualifications (FSM 5372.21, para. 1 and FSM 5370.41, para. 9).
g. To ensure that presentations for advanced, in-service, and refresher training in specialized areas of law enforcement are developed and presented to law enforcement personnel at field locations.
h. To establish and ensure continuing compliance with any agency-wide training or certification requirements.
i. To cooperate with the Washington Office, Director of Forest Management, in the development and presentation of timber theft prevention programs.
j. To personally sign the credential card for all law enforcement personnel (FSM 5384.02a, para.1). This authority may not be re-delegated.
5304.22 - Washington Office, Staff Directors Other Than Director of Law Enforcement and Investigations
It is the responsibility of Washington Office staff directors or their acting, other than the Director of Law Enforcement and Investigations, to ensure that any allegations of illegal acts when committed by any employee are immediately reported in writing to the Director of Law Enforcement and Investigations.
5304.3 - Line Officers
By virtue of its organization (FSM 1220), employees of the Forest Service perform their work through line and staff officer relationships. A line organization refers to a direct line of command from one designated official to another.
1. In the Forest Service, the direct line of command runs from the Chief to:
a. The Associate Chief and deputy chiefs.
(1) The Director of Civil Rights does not have line officer authority and reports directly to the Chief.
(2) The Washington Office, Director of Law Enforcement and Investigations (LEI), has line authority and reports directly to the Chief (para. e).
b. Regional forester, to forest supervisor, to district ranger or comparable unit leaders.
c. Station director, to assistant station director, to project leader or program manager.
d. Area Director to Deputy Director
e. Washington Office, Director of LEI, to special agent in charge, to the appropriate supervisory law enforcement personnel.
2. It is the responsibility of all non-LEI line officers to:
a. Ensure that employees, other than law enforcement personnel, receive appropriate law enforcement training.
b. Work closely with appropriate law enforcement personnel assigned to the same unit to ensure that the Agency's law enforcement program is properly integrated into the overall mission of the Forest Service.
c. Provide law enforcement personnel with the appropriate space and office support comparable to that provided other employees subject to space availability and budget limitations and provide space and support at the same locations as other administrative units unless exceptional circumstances exist.
d. Provide input into the performance ratings of law enforcement personnel.
e. Ensure that any allegations of illegal acts when committed by any employee, are immediately reported in writing to the Director of LEI.
f. Work closely with appropriate law enforcement personnel when determining the need for reserve law enforcement officers and coordinate their attendance at the course, Land Management Police Training with the special agent in charge (FSM 5304.41, para. 7a(11) and FSM 5372.11, para. 1).
g. Recruit and nominate candidates for reserve law enforcement officer designation and ensure this process is in compliance with existing policy, procedures, and any bargaining unit agreement.
h. Negotiate appropriate funding for reserve law enforcement officers with the special agent in charge prior to their designation (FSM 5311.18, FSM 5313).
i. Approve the installation of metal containers in fleet vehicles capable of securing firearms and non-lethal defensive equipment for reserve officers, if an agreement has been developed with the applicable special agent in charge (FSM 5304.41, para. 7a(15).
5304.31 - Regional Foresters
5304.31a - Authority
Issue orders and regulations, after review and concurrence by the special agent in charge, and the U.S. Department of Agriculture Office of the General Counsel as appropriate, pursuant to Title 36, Code of Federal Regulations, Part 261, Subparts B and C.
5304.31b - Responsibility
It is the responsibility of regional foresters to fulfill administrative support requirements in accordance with yearly support agreements (FSM 5304.21, para. 1c).
5304.32 - Station Directors, Area Director, and Institute Director
It is the responsibility of the station directors, the Area Director, and Institute Director, or their acting to ensure that any allegations of illegal acts when committed by any employee, are immediately reported in writing to the Washington Office, Director of Law Enforcement and Investigations (FSM 5320.43).
5304.33 - Forest Supervisors
5304.33a - Authority
Issue orders, after review and concurrence by the Law Enforcement and Investigations patrol captain and if appropriate, the U.S. Department of Agriculture Office of the General Counsel, pursuant to Title 36, Code of Federal Regulations, Part 261, Subpart B.
5304.33b - Responsibility
It is the responsibility of forest supervisors to:
1. Review cooperative law enforcement agreements and joint operating and financial plans for regular patrol agreements.
2. Identify appropriate employees for certification as forest protection officer (FPO), obtain concurrence from the supervisory law enforcement personnel assigned to the unit, and forward a nomination and completed form FS-5300-9, Forest Protection Officer Background Check (FSM 5304.6, para.4(a)) for each candidate, to the applicable special agent in charge for approval.
3. Issue form AD-53, USDA Photographic Identification Card, to properly authorized FPOs, and maintain accountability for recovery from unauthorized users including employees whose FPO authorization has expired or been terminated by the special agent in charge.
4. Ensure that a law enforcement critical element is established for all reserve law enforcement officers assigned to a National forest. Coordinate with and provide input to appropriate law enforcement personnel during the performance rating process for this element.
5. Notify the special agent in charge when a current FPO meets one or more of the criteria that would disqualify the FPO from continuing to serve as an FPO (FSM 5303.7, para. 6).
6. Ensure that FPOs attend an annual re-certification course and that participation and subsequent annual certifications by the special agent in charge is documented and retained in the employees' Official Personnel Folder (FSM 5371.4).
5304.34 - District Rangers
It is the responsibility of district rangers to:
1. Work closely with appropriate law enforcement personnel to identify law enforcement needs and requirements for their units.
2. Serve as the primary point of resource coordination with law enforcement personnel.
3. Coordinate with appropriate law enforcement personnel to ensure that the approved law enforcement plan is implemented.
4. Ensure that a law enforcement critical element is established for all reserve law enforcement officers assigned to a ranger district. Coordinate with appropriate law enforcement personnel during the performance rating process for this element.
5304.4 - Special Agents
5304.41 - Special Agents in Charge
It is the responsibility of special agents in charge:
1. Program Management.
a. To ensure the implementation of yearly support agreements, which address necessary space and office support for law enforcement personnel (FSM 5304.31b).
b. To implement performance elements, standards, and position descriptions for all law enforcement personnel.
c. To ensure the availability of funds to maintain annual re-certification training for all law enforcement personnel, including reserve law enforcement officers (FSM 5313).
d. To recommend to the Director, Law Enforcement and Investigations (Director, LEI), the selection of GS-13 and above employees within the LEI organization (FSM 5304.21, para. 1(e).
e. To develop and submit to the Director, LEI for approval any Forest Service Manual and Forest Service Handbook issuances needed as supplements for field office use (FSM 5301.5)
2. Supervision.
a. To supervise through assistant special agents in charge or through supervisory special agents any special agent assigned in a region and to provide regional law enforcement program direction under the guidelines of approved law enforcement plans (FSM 5311).
b. To supervise through patrol commanders any patrol captains assigned in a region and to provide regional law enforcement program direction under the guidelines of approved law enforcement plan (FSM 5311).
c. To provide annual written input to the applicable line officer for inclusion in the performance ratings of reserve law enforcement officers (FSM 5304.33b, para. 4 and FSM 5304.34, para. 4).
d. To recommend the issuance or rescission of the arrest and firearms (full range) authority of law enforcement personnel assigned to the region (including reserve law enforcement officers) to the Director, LEI.
3. Violations.
a. To ensure that necessary steps are taken to prevent violations of law affecting the National Forest System, and Forest Service facilities, property or employees.
b. To ensure that appropriate legal action is initiated when violations are detected.
4. Law Enforcement Plans.
a. To coordinate with line officers to ensure that law enforcement plans are prepared, approved, and implemented (FSM 5310).
b. To plan, organize, and staff, within the available resources and guidelines as outlined in the approved regional law enforcement plan, a fully operational regional, forest, and district law enforcement organization that accomplishes the responsibilities and objectives set forth by the plan.
5. Program Integration.
a. To work closely with appropriate line officers to ensure that the agency law enforcement program is properly and fully integrated into the overall mission of the Forest Service.
b. To ensure that collaborative relationships and shared decision making occur with all line officers in the region. Ensure that process also occurs with subordinate law enforcement personnel at all levels.
c. To advise line officers and serve as liaison with other law enforcement agencies.
6. Training and Equipment.
a. To ensure that law enforcement personnel are properly trained and equipped to fulfill their law enforcement responsibilities.
b. To designate eligible employees to receive appropriate law enforcement training at the Federal Law Enforcement Training Center and determine the suitability of individual employees to exercise full-range authority.
7. Law Enforcement and Investigations.
a. Law Enforcement. To provide law enforcement services to applicable units that includes the following activities:
(1) To approve, after forest supervisor review, cooperative law enforcement agreements and joint operating and financial plans for regular patrol agreements.
(2) To approve cooperative law enforcement agreements and joint operating and financial plans for drug enforcement agreements.
(3) To approve memorandums of understanding or other agreements for cross-designation of law enforcement personnel (FSM 5364.04b, FSM 5360.33 and 5303.2). This authority may not be re-delegated.
(4) To ensure that law enforcement duties involving significant enforcement or public safety duties and limited investigative workload be performed by law enforcement officers.
(5) To approve dispatch of law enforcement personnel as appropriate to effectively staff law enforcement incidents within the region and nationally.
(6) To analyze, on a continuing basis, the region's overall law enforcement impacts and workload, and to provide the necessary staffing, training, and resources to meet the objectives stated in FSM 5302.
(7) To ensure that law enforcement personnel carry out their responsibilities pursuant to the Victim and Witness Protection Act of 1982 (Title 18, United States Code, section 3525) and the Child Abuse Act of 1992. Ensure that the "Guidelines for Victim and Witness Assistance" issued July 9, 1983, by the U.S. Department of Justice are implemented on each national forest within the region.
(8) To ensure that a Forest Protection Officer Background Check (FPO) is conducted on any FPO provided basic training after April 15, 1996 (FSM 5303.7, para. 6).
(9) To work in cooperation with applicable line officers in initiating and conducting periodic reviews relating to the continuance of authorizations for FPOs to issue FS-5300-4 Violation Notices. This review shall include an analysis of the issues associated with safety, agency liability, program effectiveness, and compliance with the Presidential Council on Integrity and Efficiency, "Quality Standards for Investigations" (FSM 5311, FSM 5303.11).
(10) To authorize, in writing, which FPOs can issue Violation Notices.
(11) To coordinate with applicable line officers in authorizing and designating reserve law enforcement officers, and to plan for and supervise their deployment throughout the region.
(12) To ensure that law enforcement personnel redeem law enforcement and public safety responsibilities relating to undocumented workers (FSM 5303.12, para. 7).
(13) To authorize appropriate law enforcement personnel to be deputized by State and local authorities to enforce State law pursuant to Title 16, United States Code, sections 553, 559d(5), and 559g(c) (FSM 5303.2).
(14) To ensure that any law enforcement personnel who are currently serving, or wish to serve, as voluntary reserve peace officers follow the procedures in FSM 5303.3.
(15) To coordinate with applicable National Forest System line officers in the procurement and installation of metal containers in fleet vehicles for securing firearms and non-lethal defensive equipment for reserve law enforcement officers (FSM 5304.3, para. 9).
(16) To rescind the authority of FPOs who meet one or more of the criteria described in FSM 5303.7, paragraph 6.
(17) To retain a secured file containing the completed FPO background checks.
(18) To maintain a current listing of FPOs certified to issue form FS-5300-4, Violation Notice.
(19) To ensure that all officers are fully aware of the commitment of the agency to carry out all law enforcement activities in a nondiscriminatory manner and conform with U.S. Department of Justice, Civil Rights Division guidance regarding the use of race, ethnicity or national origin as a factor by their officers in conducting stops, searches, and other investigative procedures.
b. Investigations. To provide investigative services to applicable units that includes the following activities:
(1) To ensure that any allegation(s) of illegal acts committed by Forest Service employees are immediately reported in writing to the Director, LEI.
(2) To investigate cases assigned by the Director, LEI.
(3) To coordinate either the investigation or fact-finding determinations of cases assigned by the Director, LEI. Ensure appropriate coordination and oversight of agency employees outside of the LEI reporting structure who conduct these investigations or determinations.
(4) To directly refer to the appropriate OIG Regional Inspector General for Investigations, allegations of acts committed by employees that meet the referral requirements pursuant to the agreement between the OIG and the Forest Service but which are not required to be reported pursuant to FSM 5304.21, paragraph 3a.
(5) To receive case assignments and direct supervision from the Director, LEI on matters referred to the special agent in charge for investigation.
(6) To determine how all felony and serious misdemeanor cases shall be investigated.
(7) To approve investigative plans for all felony and serious misdemeanor cases conducted in the region. This authority may be re-delegated to a supervisory special agent.
(8) To establish standard procedures for the conduct of an FPO Background Check (form FS-5300-9; FSM 5303.7).
(9) To ensure that all agents are fully aware of the commitment of the agency to carry out all law enforcement activities in a nondiscriminatory manner and conform to DOJ, Civil Rights Division guidance regarding the use of race, ethnicity or national origin as a factor by agents in conducting stops, searches, and other investigative procedures.
8. Referrals.
a. To determine independently when to open, close, and refer all felony and serious misdemeanor cases for prosecution. This authority may be re-delegated to a supervisory special agent.
b. To develop agreements with regional attorneys of the OGC to address procedures for referral and coordination for presentation of criminal cases to the DOJ (FSM 5303.2, para. 3).
9. Interference. To notify the Director, LEI of any interference in an investigation by any employee of the Forest Service.
5304.42 – Supervisory Special Agents
It is the responsibility of supervisory special agents to:
1. Conduct and/or supervise subordinate special agents in hotline/whistleblower, internal, and external investigations that result in impartial and objective judgments, in both fact and appearance. Review and approve all investigative reports and ensure entry of investigative information into the Law Enforcement and Investigations Management Attainment Reporting System (LEIMARS).
2. Notify the special agent in charge immediately of any interference in an investigation by any employee of the Forest Service.
3. Report all stolen Forest Service non-expendable property to the National Crime Information Center and into the LEIMARS.
4. Comply with, and ensure compliance of all supervised employees with, reporting procedures of the Daily Activity Reporting System to record work activity (FSM 5303.4, para. 3).
5304.43 - All Special Agents
It is the responsibility of all special agents to:
1. Perform investigations or other assignments received from an assistant special agent in charge, supervisory special agent or other employee so designated by the special agent in charge.
2. Conduct hotline/whistleblower, internal, and external investigations that result in impartial and objective judgments, in both fact and appearance, are conducted in a nondiscriminatory manner and that conform to DOJ, Civil Rights Division guidance regarding the use of race, ethnicity or national origin.
3. Notify the assistant special agent in charge immediately of any interference in an investigation by any employee of the Forest Service.
4. Report all stolen Forest Service non-expendable property to the National Crime Information Center and to the LEIMARS.
5. Complete and forward required Daily Activity Reporting System forms (FSM 5303.4, para. 3) to the assistant special agent in charge or supervisory special agent.
6. Serve in support of incident management assignments as qualified and in compliance with FSM 5354 as applicable.
5304.5 - Law Enforcement Officers and Reserve Law Enforcement Officers
5304.51 - Supervisory Law Enforcement Officers
It is the responsibility of supervisory law enforcement officers to:
1. Supervise the program management, enforcement, public safety, and investigative activities of any law enforcement officer, reserve law enforcement officer (when performing law enforcement duties), or FPO (when performing regulatory compliance duties) within the area of their assignment.
2. Work closely with line officers and managers in other Forest Service programs to ensure that law enforcement programs and plans are well integrated into all activities.
3. Ensure that the concerns of line officers and managers in other Forest Service programs are considered and accommodated in day-to-day law enforcement operations. Provide prosecutorial updates to appropriate line officers and managers, on a need to know basis that comply with the lawful parameters of an ongoing investigation. Apply the concept of customer satisfaction when dealing both internally and externally.
4. Report all stolen Forest Service non-expendable property to the National Crime Information Center and to the LEIMARS. Review and submit preliminary investigative reports to patrol commanders.
5. Coordinate, negotiate, and administer cooperative law enforcement agreements with the respective State and local agencies and affected line officers.
6. Comply with, and ensure compliance of all supervised employees with, reporting procedures of the Daily Activity Reporting System to record work activity (FSM 5303.4, para. 3). Ensure all law enforcement personnel and forest protection officers within their area of responsibility use LEIMARS to fulfill offense reporting requirements.
7. Notify the special agent in charge immediately of any interference in an investigation by any Forest Service employee.
5304.52 - Law Enforcement Officers
It is the responsibility of law enforcement officers to:
1. Perform assignments received from a patrol captain or secondary supervisory law enforcement officer.
2. Perform enforcement, public safety, and investigative duties and serve as the local liaison with law enforcement agencies.
3. Ensure that the management concerns of forest supervisors and district rangers are considered and accommodated in day-to-day National forest law enforcement operations. Apply the concept of customer satisfaction when dealing both internally and externally.
4. Provide technical direction to forest protection officers when they perform regulatory compliance duties.
5. Serve in support of incident management assignments as qualified, in conformance with FSM 5354 as applicable.
6. Complete and forward required Daily Activity Reporting System forms (FSM 5303.4, para. 3).
7. Notify the patrol captain or patrol commander immediately of any interference in an investigation by any Forest Service employee.
8. Conduct all enforcement activities in an impartial and objective manner, in both fact and appearance, in a nondiscriminatory manner, and in a manner that conforms to DOJ, Civil Rights Division guidance regarding the use of race, ethnicity, or national origin.
5304.53 - Reserve Law Enforcement Officers
It is the responsibility of reserve law enforcement officers, who have been authorized by the special agent in charge, to:
1. Perform full-range law enforcement duties when approved to do so by their immediate supervisor and the supervisory law enforcement officer.
2. Maintain required re-qualification and re-certification standards pursuant to FSM 5370.
3. If otherwise qualified, serve as a Security Specialist Level 1 (SEC1) in incident camps in a manner that conforms with FSM 5354 as applicable.
4. Complete and forward required Daily Activity Reporting System forms (FSM 5303.4, para. 3) when performing full-range law enforcement duties.
5. Ensure that authorized firearms and non-lethal defensive equipment are readily available.
6. Wear authorized firearms and non-lethal defensive equipment only when engaged in approved law enforcement duties.
7. When not being worn, ensure firearms and non-lethal defensive equipment are placed in a locked metal container, which is securely attached to the vehicle whenever the vehicle is left unattended.
8. Ensure firearms and non-lethal defensive equipment that are stored at an office or residence are secured in an appropriate manner.
9. Ensure firearms are not accessible by non-law enforcement personnel.
10. Take immediate law enforcement action, when necessary, without prior approval from a patrol captain or law enforcement officer in accordance with the criteria described in FSM 5303.12, paragraph 5 or 10, after initiating such action to immediately:
a. Notify a patrol captain or law enforcement officer that they are taking or have taken action, and;
b. Request the assistance of full-time law enforcement personnel.
5304.6 - Forest Protection Officers
Forest protection officers have the authority and responsibility to:
1. Observe and report in a timely manner violation of Federal laws and regulations to special agents or law enforcement officers.
2. Attempt to gain voluntary compliance by informing and educating persons who appear to be in violation of rules and regulations.
3. Serve as a Security Specialist Level 2 (SEC2) in incident camps if otherwise qualified, in accordance with FSM 5354 as applicable.
4. Issue Form FS-5300-4, Violation Notice only after completion and submission of form FS-5300-9, Forest Protection Officer Background Check, to the forest supervisor when requested (FSM 5303.7, para. 6 and FSM 5304.33b, para. 2) and receipt of initial certification and annual recertification as a forest protection officer from the special agent in charge (FSM 5304.41, para. 7a (8)).
5. Issue violation notices for any violation of Title 36, Code of Federal Regulations, Parts 242 and 261, subject to the requirements and limitations described in FSM 5304.6 and FSM 5304.61.
5304.61 - Limitations on Forest Protection Officers
Forest protection officer authorities and responsibilities are limited by the following:
1. Issue violation notices only during daylight hours, unless there are two or more forest protection officers, law enforcement personnel, or law enforcement personnel from another agency present at the time the notices are issued.
2. Make vehicle stops only when conducting compliance activities involving off highway vehicles (OHV) during actual OHV operation on National Forest System lands.
3. Conduct a wants or warrant check only when outside hearing range or vision of a violator.
4. Terminate contact with a violator when firearms or other lethal devices that were not observed during the initial contact are determined to be present.
5. Take no direct enforcement action, but attempt to record vehicle license numbers, vehicle descriptions, and physical descriptions of individuals involved if they are able to do so safely, and request immediate assistance from law enforcement personnel in the following situations:
a. Crimes such as homicide, rape, robbery, assault, burglary, and drug related offenses, domestic disputes, or other offenses that have a high probability for violence.
b. Violations involving the use or abuse of alcohol and/or drugs.
c. Suspicious individuals or individuals exhibiting strange behavior.
d. Violations involving large groups, street gangs, outlaw motorcycle groups, satanic cults, or extremist organizations.
e. Violations of 36 CFR 261.3 (interfering with a forest officer, volunteer, or human resource program enrollee or giving a false report to a forest officer) and 36 CFR 261.4 (disorderly conduct).
f. Violations involving verbally abusive or threatening subject(s).
5304.7 - All Employees
It is the responsibility of all employees, after completion of appropriate training, to:
1. Comply with and/or initiate appropriate action pursuant to applicable policy contained throughout FSM 5300.
2. Observe and report, in a timely manner, violations of Federal laws and regulations to law enforcement personnel or line officers.
5305 - DEFINITIONS
Affecting the National Forest System. Those violations of law and regulation, when committed on Federal or non-Federal lands, that create an actual or potential hazard to National Forest System (NFS) lands and resources, Forest Service employees, or forest users.
Assistant Director (AD). The incumbent of this position serves as a branch chief within the Law Enforcement and Investigations (LEI) staff area and may supervise a staff of law enforcement personnel and administrative staff. Provides program and technical staff assistance for law enforcement activities on a national level, throughout the Forest Service. In the absence of the Director or deputy directors, the incumbent is responsible for performing the duties of the Director.
Assistant Special Agent In Charge (ASAC). Supervises the regional investigations program and special agents assigned within the region. Directly supervised by the special agent in charge.
Deputy Director (DD). A supervisory staff director, incumbent serves as an alter-ego to the Director, LEI and fully shares with the Director the direction of all phases of LEI programs and work.
Director (DIR). The incumbent serves as Director, LEI staff, and is fully responsible for directing and managing the law enforcement and investigations program. Is responsible for the formulation and implementation of broad policies, programs, plans, standards, and procedures for the law enforcement program throughout the Forest Service.
Forest Officer. An employee of the Forest Service.
Forest Protection Officer (FPO). An employee of the Forest Service who has successfully completed 36 hours of regulatory compliance (formerly Level II) training and associated annual refresher requirements and who is assigned limited regulatory compliance duties (FSM 5304.6).
Full-Range Authority. The authorization granted by the Chief (for the Washington Office, Director of LEI) or the Director, LEI (for all other law enforcement personnel) to carry firearms and non-lethal defensive equipment and make physical arrests.
Incident Command System (ICS). A standardized on-scene emergency management concept specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries.
Law Enforcement. As defined in the Forest Service authority, the prevention, detection, investigation, and reporting of violations of laws and regulations including those actions leading to the initiation of and assistance in criminal and civil proceedings; and the cooperation with other law enforcement agencies in fulfilling their respective responsibilities on the NFS.
Law Enforcement Officer (LEO). A Forest Service employee, employed within the LEI program, who meets all of the following criteria:
1. Has successfully completed a land management police training program and the required field training.
2. Has been issued identifying credentials.
3. Is classified in the GL-1801 or GL-1802 series.
4. Serves primarily as a uniformed patrol officer.
5. Makes arrests with or without a warrant or process; issues violation notices or notices to appear; executes and serves search and arrest warrants; carries firearms for law enforcement purposes; and performs other duties as directed in connection with the enforcement or administration of all laws, rules, and regulations, in which the Forest Service is, or may be, a party of interest.
6. Performs law enforcement duties 100 percent of the time.
Law Enforcement Personnel. Employees of the Forest Service who serve as the Washington Office, Director of LEI, special agents, law enforcement officers, or reserve law enforcement officers.
Patrol Captain (PC). A supervisory law enforcement officer who supervises law enforcement officers and who performs the program management and enforcement oversight for units of the NFS. Patrol captains are typically located at forest supervisor's headquarters and are supervised by a patrol commander.
Patrol Commander (CMDR). A supervisory law enforcement officer which performs the program management and enforcement program oversight for a region. Supervises patrol captains assigned within a zone or region.
Regional Technical Equipment Administrator. The individual designated by the special agent in charge to coordinate the regional technical investigative equipment program. Incumbent tracks allocations of equipment issued by the national LEI technical equipment cache and purchases technical equipment for the region. The individual selected must be a special agent and have completed the Technical Investigative Equipment Training Program at the Federal Law Enforcement Training Center.
Reserve Law Enforcement Officer (RLEO). An employee of the Forest Service who meets all of the following criteria:
1. Has successfully completed a Land Management Police Training program and the required field training program.
2. Has been issued identifying credentials.
3. Is classified in a series other than GS-1811 or 1801, or GL-1801 or 1802.
4. Serves primarily as a uniformed patrol officer.
5. Makes arrests with or without a warrant or process; issues violation notices or notices to appear; executes and serves search and arrest warrants; carries firearms for law enforcement purposes; and performs other duties as directed in connection with the enforcement or administration of all laws, rules, and regulations, in which the Forest Service is, or may be, a party of interest.
6. Performs law enforcement duties on a seasonal, planned, or emergency basis 100 percent of the time during assignment.
Senior Law Enforcement Officer (SRLEO). This position is located within the Washington Office, LEI staff. This position provides full performance enforcement and oversight assistance to an assistant director within LEI. The primary purpose of this position is the enforcement and development of laws, regulations, and policy affecting NFS lands.
Senior Special Agent (SRSA). This position is located within the Washington Office, LEI staff. This position provides full performance investigative and oversight assistance to an assistant director within LEI. The primary purpose of this position is the investigation and development of laws, regulations, and policy affecting NFS lands.
Serious Misdemeanor. Any misdemeanor, the violation of which has an important or significant effect on programs administered by the Forest Service.
Special Agent (SA). A Forest Service employee who meets all of the following criteria:
1. Has successfully completed a basic criminal investigator training academy,
2. Has been issued identifying credentials,
3. Is classified in the GS-1811 series,
4. Serves primarily as a criminal investigator,
5. Makes arrests with or without a warrant or process; issues violation notices or notices to appear; executes and serves search and arrest warrants; carries firearms for law enforcement purposes; and performs other duties as directed in connection with the enforcement or administration of all laws, rules, and regulations, in which the Forest Service, U.S. Department of Agriculture is or may be a party of interest, and
6. Performs investigations duties 100 percent of the time.
Special Agent in Charge (SAC). Incumbent is responsible for the regional LEI program (FSM 5304.41). Typically supervises an assistant special agent in charge and a patrol commander.
Supervisory Law Enforcement Officer (SLEO). Incumbent is either a patrol commander (GS-1801-13) or a patrol captain (GS-1801-12) and is responsible for the supervision of law enforcement officers, including reserve law enforcement officers performing law enforcement duties.
Supervisory Special Agent (SSA). A special agent who supervises special agents (FSM 5304.42).
Unit. Any administrative level within the Forest Service.
Within the Exterior Boundaries of the National Forest System. All lands, whether Federal or non-Federal, which are located within the "proclamation" boundary established when a national forest was created.
5306 - LAW ENFORCEMENT STAFFING
Determine staffing needs by considering the following:
1. Reporting. Follow the straight-line reporting structure as outlined in FSM 5307. Additional direction is set forth in FSM 5311.18.
2. Program. Consider such factors as the volume and types of violations, complexity of investigations, size of the unit, land base, driving distances and accessibility, and the extent of cooperation with other Federal, State, and local agencies.
3. Supervision. To ensure that there are no impairments, either in fact or appearance, to their ability to conduct confidential, impartial, and objective investigations, and to ensure employee accountability within the agency's investigation and enforcement programs, ensure that the supervision of any law enforcement personnel shall be performed by law enforcement personnel at the next higher organizational level (FSM 5307), except when law enforcement personnel are assigned to duties under the incident command system (FSM 5305).
4. Justification and Documentation. Identify law enforcement staffing in regional and forest law enforcement plans (FSM 5311).
5307 – LAW ENFORCEMENT AND INVESTIGATIONS CHAIN OF COMMAND
1. The Director of Law Enforcement and Investigations (LEI), reports to the Chief of the Forest Service.
2. Deputy directors of LEI report to the Director of LEI.
3. Assistant directors and special agents in charge report to deputy directors of LEI.
4. Senior special agents report to assistant directors.
5. Senior law enforcement officers report to assistant directors.
6. Assistant special agents in charge, supervisory special agents, and patrol commanders report to special agents in charge.
7. Special agents report to supervisory special agents or assistant special agents in charge.
8. Patrol captains report to patrol commanders.
9. Law enforcement officers report to patrol captains.
10. Reserve law enforcement officers report to law enforcement officers or patrol captains when performing full-range law enforcement duties.
11. Forest protection officers receive technical direction from law enforcement personnel when performing regulatory compliance duties.
5308 - REFERENCES
1. Federal Rules of Criminal Procedure for the United States District Courts and Federal Rules of Evidence for United States Courts and Magistrates. These two rules are promulgated as Orders of the Supreme Court of the United States and are revised as necessary. Contact the special agent in charge for a copy of these rules.
2. "Quality Standards for Investigations." The President’s Council on Integrity and Efficiency promulgates this document. The Council's membership is composed of representatives from the various Offices of the Inspector General throughout the Federal Government.
3. Wildfire Cause Determination Handbook (FSH 5109.31; National Wildfire Coordinating Group (NWCG) Handbook 1). This handbook guides initial attack firefighters and others in determining the cause of a wildland fire.
5309 - HANDBOOKS
5309.1 - Internal Servicewide Handbooks
5309.11 - Law Enforcement Handbook
This handbook contains enforcement and investigative instructions, reports, and procedures for use by law enforcement personnel.
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